Will the Council Rehouse Me if I Get Evicted? |

Facing eviction is stressful, whether it’s because of rent arrears or house repossession.

Many people wonder whether the local council will rehouse them if they get evicted.

While councils have specific legal duties, the situation is often complex.

If you want to know your options when you get evicted, read on.

What happens when I get evicted?

When you eviction, you must know your rights/options for the near future.

After all, although councils have specific legal duties, rehousing is a complex process. It involving assessments and housing stock availability.

Commons reasons a tenant may be facing eviction:

Rent arrears

Falling behind on payments often leads landlords to begin proceedings.

Breaching tenancy

Breaking terms of the tenancy agreement. This could be through nuisance behaviour, property damage or illegal activities.

Expiry of the tenancy term

When a fixed-term contract ends, landlords can end the tenancy without renewing.

Sale of the property

Landlords may evict tenants to provide a vacant property to buyers.

Landlords moving back

Landlords can sometimes evict tenants to move back into the property themselves.

Renovations or redevelopment

Landlords may seek vacant possession to conduct major remodelling work. Or to change the property usage.

Tenants’ rights during evictions

Tenants have essential rights during the eviction process. Landlords must respect these.

Council’s legal duties for rehousing

Local councils have specific legal obligations. This includes helping individuals who become homeless or are at risk of homelessness. The fundamental laws are:

Housing Act 1996: Councils must secure accommodation for homeless households with priority needs
Homelessness Reduction Act 2017: Councils must work to prevent or relieve homelessness. This is regardless of applicants priority status.

Under these Acts, councils must assess all applications for assistance. And they must take take reasonable steps to address homelessness.

However, whether they provide housing depends on several determining factors.

Assessing circumstances and housing needs

When applying to the council as homeless after eviction, they will assess:

Eligibility for assistance: This includes immigration status, previous home ownership, and local connections.
Priority need status: Applicants with dependent children, mental/physical disabilities, and fleeing harm
Intentional vs. unintentional homelessness examines whether applicants deliberately cause their situation.

The council plays a significant role in assessing housing needs.

To determine the level of assistance required by law, they use information on:

Income
Housing history
Personal circumstances

Potential housing outcomes

Where the council has accepted a whole duty of care, housing outcomes may include:

Offer of council housing

The availability of council housing stock and waiting lists influences this. High demand and limited supply restrict options.

Assistance finding affordable private rentals

Councils may help with deposits or guarantees. You must ensure that you budget for ongoing monthly rental payments.

Referral to housing associations

These provide low-cost social housing options and some shared ownership schemes.

What happens in the meantime

Temporary accommodation may available while permanent options are found. This includes hotels or shared housing.

However, direct council housing isn’t guaranteed.

Can I get any financial support from the Government/council?

Dealing with eviction often creates financial hardship. There are government and council services that may assist:

Housing benefit

This benefit helps you pay rent if you are on a low income. You can claim housing benefits whether you move into private or social housing.

However, it may not cover the total rent. So you should contribute, too.

Discretionary housing payments

Councils have limited emergency funds to help meet housing costs and prevent homelessness.

To be eligible, you must already be receiving Housing Benefits.

Universal Credit

Universal Credit has replaced other benefits and includes housing and living costs allowances.

Requesting an advance when moving can provide initial assistance.

Grants or no-interest loans

Some lenders and charities offer grants and interest-free or low-interest loans. These help cover costs like rental deposits.

Councils and advice agencies can recommend options. For example, Citizen’s Advice Bureau,

Budgeting support

Many different organisations can provide help, including:

Council services
Advice agencies
Community groups

This advice can include budgeting guidance, debt help, and help with financial applications.

These can be invaluable when facing housing costs after eviction. Rules and eligibility vary across these options.

What charities may be able to help me?

Alongside government services, debt management charities also provide help to those experiencing eviction.

Shelter: Offer extensive housing advice, including guidance on homelessness applications and eviction processes. It can also help you connect to local services.
Crisis: Provides advice and advocacy for those facing homelessness. The crisis has guidance on emergency housing and tenant rights.
St Mungo’s: Helps people recover from homelessness through housing, employment, and support. They work in London and southern England.
Turn2Us: Helps people in financial hardship access benefits, grants, and support. Its website has a comprehensive database of charitable funds.
StepChange: Provides accessible, impartial debt advice. Can help you negotiate and agree with creditors and landlords if you are in rent arrears.

How can I suspend a warrant of eviction?

Receiving notice of a warrant of eviction can be worrying. Here are some steps that may help:

When facing eviction, act quick

Enforcement timelines can vary from a few days to several weeks. So seeking advice immediately after receiving the warrant is essential.

Understand your rights

A warrant doesn’t usually override all tenant rights. You may still have options to appeal, negotiate, or delay eviction.

Get legal advice

Housing charities have solicitors who provide free expert guidance. They can identify any grounds to contest the warrant.

Communicate changed circumstances

Communicate new issues that have arisen since the order. For example, medical problems. They may influence enforcement.

Request a stay of execution

You can file an emergency court application to temporarily halt the eviction. Legal representation is advisable.

Discuss with your landlord

Negotiating reasons for eviction and repayment plans for rent arrears could suspend enforcement.

While the outcome is not guaranteed, immediate action and understanding your options helps.

This can provide the best chance of postponing an imminent eviction under a warrant.

Stay hopeful and keep pushing forward.

Long-term tips for getting back on your feet

Rebuilding long-term housing security after eviction requires commitment but is possible. Useful strategies include:

Review income and expenditure to create a sustainable budget prioritising housing costs.
Build savings when possible to create a financial buffer for unexpected expenses.
Improve credit rating by making loan and bill repayments on time. This broadens future rental options.
Explore housing benefits or discretionary payments to assist in covering accommodation costs.
Consider renting outside high-demand city centres where affordable options are more widely available.
Access employment support or education and training to improve income.
Stay engaged with council housing teams on applications and help available.